Kerala High Court
Three Judicial Officers Take Oath As Additional Judges Of The Kerala High Court
Three judicial officers swore in as Additional Judges of the Kerala High Court today. Justices Johnson John, Gopinathan U Girish, and C. Pratheepkumar took oath as Additional Judges of the High Court during the swearing-in ceremony conducted at 10:15 A.M. today. The Supreme Court Collegium headed by Chief Justice D.Y. Chandrachud, had recommended the names of five Judicial Officers...
RBI To Determine Bank's Knowledge Of Borrower's Account Balances, Application Of 'Right Of Recompense': Kerala High Court
The Kerala High Court recently held that the determination of whether the bank had knowledge of the amount remaining in the borrower's account at the time of granting the One Time Settlement, and whether the bank could therefore exercise the 'Right of Recompense,' is a matter to be decided by the bank itself.‘Right of Recompense’ is a tool used by banks and financial institutions to...
Central Civil Rules | Unauthorised Absence From Work Considered 'Non-Duty' For All Purposes Except Pension, Including Seniority: Kerala High Court
The Kerala High Court recently observed that the unauthorized absence of an employee will be counted as non-duty for all purposes, except for the purposes of pension. Justice Anu Sivaraman added that the treatment of unauthorised absence as "non-duty for all purposes except pension" has a clear implication: it cannot be counted for seniority.“Ext.P3 order was passed on 08.02.2016 and it...
'Wrong Done' U/S 19 CPC Includes Both Act & Its Effects: Kerala HC Says Local Court Authorised To Grant Relief To Mother Of Maid Who Died In Delhi
The Kerala High Court recently held that a Sub Court in Kerala has the territorial jurisdiction to try a suit for compensating for a wrong committed in Delhi, since as per the broader interpretation of "wrong done" under Section 19 of CPC, the effects of the wrong justified establishing jurisdiction in Kerala, where the plaintiff resided. Justice Basant Balaji observed that though the death...
[S.323 CrPC] Magistrate Should Record Reasons For Committing Case To Sessions Court: Kerala High Court
The Kerala High Court has held that power under Section 323 CrPC to commit a case to the Sessions Court after commencement of inquiry/ trial may be invoked by the Magistrate only after recording its reasons by way of a speaking order.Justice P.V. Kunhikrishnan observed, “Since the words “it appears to him at any stage ..............” is used in Section 323 CrPC, it is clear that when...
Kerala High Court Weekly Round-Up: October 16 - October 22, 2023
Nominal Index [Citations: 2023 LiveLaw (Ker) 567-588]Sasikumar V Ushadevi 2023 LiveLaw (Ker) 567Sanath Roy v State of Kerala 2023 LiveLaw (Ker) 568Narayanan v State of Kerala 2023 LiveLaw (Ker) 569Sathar K.A. v. The Revenue Divisional Officer (RDO) & Ors. Citation: 2023 LiveLaw (Ker) 570Niyas v. State of Kerala 2023 LiveLaw (Ker) 571AT v Union of India 2023 LiveLaw (Ker) 573PKV v AKA...
MSMED Act Does Not Prevail Over SARFAESI Act In Recovery Of Secured Assets: Kerala High Court
The Kerala High Court on Thursday held that provisions of the Micro, Small and Medium Enterprises Development Act, 2006 (‘MSMED Act') would not prevail over those of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act') with respect to recovery of secured assets. It thus went on to state when any person is aggrieved by...
Claim For Promotion In Former Service To Be Raised At The Time Of Integration; Cannot Be Sought Later: Kerala High Court
The Kerala High Court has laid down that an employee cannot claim promotion in his/her former service, long after the integration of service and preparation of seniority list, for the purpose of reckoning seniority in the integrated service.The Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen reasoned that any claim for promotion in the former service ought...
Men Also Crumble, Look For Child's Support: Kerala High Court Holds Father As Son's Dependent For Determining Compensation Under MV Act
The Kerala High Court recently laid down that a father could also be treated as 'dependent' on his son to determine the personal expenses of the deceased son, while computing the compensation to be awarded under the Motor Vehicles Act. Justice Ziyad Rahman A.A. noted that while the dependancy of the father upon his son after the latter's wedding would be limited, that by itself would...
Kerala High Court Quashes Show Cause Notice Issued To KTU's Former VC Ciza Thomas
The Kerala High Court on Friday quashed the show cause notice issued to Dr. Ciza Thomas, who was temporarily appointed as the Vice Chancellor of the APJ Abdul Kalam Techological University, by the Chancellor of the University who is the Governor of the State. A show cause notice had been issued to Thomas as a prelude to the initiation of disciplinary proceedings against her by the...
[Employees Compensation Act] Employee Entitled To Interest On Medical Reimbursement From Date Of Claim U/S 4A: Kerala High Court
The Kerala High Court has stated that an employee is entitled to claim interest on medical reimbursement under Section 4A of the Employees Compensation Act, 1923 from the date of making claim before the Compensation Commissioner and not from the date of the accident.Justice Basant Balaji observed thus: “Therefore, I am of the considered opinion that the Commissioner has failed to award...
Can't Grant Judicial Separation As An Alternate Relief If Grounds For Divorce U/S 13 Hindu Marriage Act Not Proven: Kerala High Court
The Kerala High Court has recently held that if the grounds for divorce under Section 13 of the Hindu Marriage Act are not proven, the same grounds cannot be used for granting judicial separation as an alternate relief under Section 13-A.Relying on the decision in Snigdha Chaya Devi v. Akhil Chandra Sarma (1992), the Division Bench comprising Justice Anil K. Narendran and Justice Sophy...